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Nextag, Inc. - Website Privacy Policy

Effective 26 February 2009

Scope and Changes

Nextag, Inc. ("Nextag" or "we") operates the websites, www.nextag.co.uk, www.calibex.co.uk, and permutations of those sites, including certain co-branded versions of those sites with third parties, that refer to this Website Privacy Policy in a direct hyperlink (the "Websites"). Nextag respects your privacy and we want you to be confident in sharing your information with us. This Website Privacy Policy is designed to inform you of the types of information we collect from users, how we use that information, and the circumstances under which we will share it with third parties. This Privacy Policy applies only to the Websites. It does not apply to your use of any other websites (whether or not operated by us), including any websites to which we provide links or websites of our partners or advertisers, or to any activities which are not online.

Please note that some features and/or services referenced may not be available on some Websites. Therefore, portions of this Privacy Policy that pertain to such features or services may not be applicable on each of the Websites.

This Website Privacy Policy is effective as of the date listed above. Even if you read and/or agreed to a prior privacy policy , you need to review this updated version. We reserve the right to revise this Website Privacy Policy at any time and at our discretion. If we decide to change our Website Privacy Policy, we will post those changes to this Website Privacy Policy accessible on the homepages of the Websites, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via either email or by posting a notice on the Websites for 30 days.

Personal Information and How We Use It

Generally it is possible to use some features on the Websites without providing us with any personally identifiable information, but on some of our Websites, users have the option of providing personal information to make the best use of available services and features and certain services and features require that you provide personal information. This section describes what we collect and how we use it. Providing the information is always voluntary, however, and you can always choose not to provide the information by choosing not to use the service or feature. By providing the information you agree to our use consistent with this Privacy Policy.

INFORMATION SUBMITTED BY YOU

E-mail Address: On some of the Websites if you wish to register for either Price Alerts (through our Watch List feature) or our Buyer's Alert Newsletter or provide product reviews, or be matched with participating service providers, we require that you provide us with your email address. We will use this to email you with the Price Alert, the Buyer's Alert Newsletter, and other information or service provider match results you may have requested.

Basic Contact Information: On some of the Websites you may be able to become a registered user. When you decide to become a registered user, we ask for some basic contact information, such as username, and email address. We use this basic contact information to facilitate the use of certain features of our Websites (e.g., TruePrice prices, submission of product/merchant reviews and creation of lists) and to send you information about our company, services and products, and, subject to your consent acquired in accordance with the Communications Policy described below, to communicate occasional offers from our partners and advertisers.

Complete Contact Information: On some of the Websites a registered user may decide to become a merchant. When registering as a merchant, we collect complete contact information, i.e., full name, address, e-mail address, and phone number, as well as credit card number and expiration date. We use this information to validate the merchant's identity and to bill the merchant for services provided by Nextag and approved in advance by the merchant. All credit card information is encrypted.

Content or Correspondence Submitted By You: If you choose to post content on any of the Websites where posting is available (for example, a product or merchant review), or submit personal correspondence to Nextag, we may collect and maintain that information in a file specific to you.

Lists: Some of the Websites allow you to create lists of products that are interesting to you. The default for certain lists is for the list to be publicly available. Publicly available lists will include your user name. You may change the privacy setting of your lists as provided on the Websites.

INFORMATION ACQUIRED AUTOMATICALLY

We collect certain information on the Websites through your experience and activities, cookies, log files, clear gifs, and/or use of third party websites to create a profile of our users. A profile is stored information that we keep on individual users that detail their viewing preferences, activities and interactions with Nextag. Consequently, collected information is tied to the user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to the Websites, and, subject to the Communications Policy stated below, to direct pertinent marketing promotions and communications to them.

Cookies: A cookie is a piece of data tied to information about the user and stored on the user's computer. We use both session cookies, which terminate when a user closes his browser, and persistent cookies, which remain on the user's computer until manually deleted. Cookies are used to help make your use of our Websites more enjoyable. Nextag creates these cookie files on your hard drive through your browser and uses them to save information on your Nextag username and Website preferences so you can avoid re-entry of this information each time you visit our Websites, and to display certain usage information that may be helpful for you, such as your recent searches and recently viewed items. Cookies also help us to deliver content and advertisements specific to your interests. For example, we may use cookies to collect anonymous information about your use of our sites and services (including your browsing history, the terms you searched, the products you viewed, etc.) and your interaction with our advertisements that are served on the Websites or other sites. We also may allow our advertising partners to use cookies to collect this kind of anonymous information. This information is not associated with your personally identifiable information. We or our advertising partners may use this anonymous use and browsing information to customize your experience on the Websites, to improve the Websites and our services such as by analyzing what content or services are helpful or interesting to users, or to provide you with advertisements that are tailored to your interests, both on our sites and on third-party sites. We also may provide your anonymous use and browsing information to third parties to allow them to provide you with advertisements that are tailored to your interests. You may decline our cookies by activating the setting on your browser which allows you to refuse the setting of cookies, although this may prevent you from accessing certain features on our Websites. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you access our site. Further information about how to manage cookies is available from the website www.allaboutcookies.org, produced by the Interactive Advertising Bureau, an industry body that develops standards and guidelines to support online business processes. If you would like help on clearing your cookies, consult your browser's Help directory, or visit: http://www.aboutcookies.org/page-2.

We may collect information about your interaction with our advertisements. To opt-out of these advertising cookies, please click here. We may allow advertising partners to record that you have visited the Websites to allow us to provide you with relevant advertising on the partners' sites. To opt-out of these partner advertising cookies, please click here.

To change your preferences regarding your search and browsing history, please click here. For more information about how we use cookies click here.

Log Files: Like most standard website servers we use log files. These include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Web site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. We may use your IP address at times to help identify you as you browse and to gather broad technical and demographic information on who uses our Websites. We do not tie log files to personally identifiable information.

Clear Gifs (Web Beacons/Web Bugs): We and/or our third party advertisers employ a software technology called clear gifs (also known as Web Beacons or Web Bugs). They help us better manage content on our site by informing us what content and which campaigns are effective. Clear gifs are similar in function to cookies and are used to track the online movements of Web users. In addition, Nextag and its advertisers may use clear gifs in HTML-based emails. This allows us to evaluate the effectiveness of our communications and our marketing campaigns by showing how many emails recipients have opened. We also utilize clear gifs to enable Nextag or third parties to provide you with advertisements, both on our sites and on third-party sites, that are tailored to your interests. We do not tie web-beacons to personally identifiable information.

PEOPLE UNDER 18 YEARS OLD

Our Websites are not intended for use by people under eighteen (18) years of age. If you are under 18, please do not send any information to us. By accessing Websites or using our services, you represent that you are 18 years of age or older.

GENERAL USES OF INFORMATION

In addition to the uses described above, we may use your personal information for any of the following:

To contact you regarding the status of your inquiries relating to services or products listed on our Websites.

To contact you regarding account status, changes to this Policy, our Terms of Use or other terms applicable to your use of the Websites.

To contact you to confirm your service inquiry, to confirm, complete or update your Service User Information or registration information or site usage, or for any other business reason related to your use of our Websites.

To contact you in response to a customer service question from you, or in relation to any issue arising in respect of the agreement between Nextag and you, or to resolve or attempt to resolve a dispute between users or between Nextag and you.

To process credit card payments approved in advance by you.

To allow you to send an email to another user who is listing an item for sale on our site, where available.

To assist law enforcement or other governmental agencies investigating cases of possible illegal activities by third parties.

To improve the experience of using the Websites, improve Nextag's products and services, improve marketing and promotion of our products and services, customize the Websites' content and layout, and generally improve the Websites to meet your needs better.

Who We Share Your Personal Information With

Aggregated information: We aggregate personal information into statistics about users, their usage of the Websites, traffic patterns, and demographics. We may provide third parties with such statistics, but never in a way that would make the information personally identifiable: this data is aggregated from millions of users to the Websites each month.

Merchants and Service Providers: If you choose to submit to us your Complete Contact Info as part of a request to be contacted by merchant(s) or service provider(s), we will supply to the merchant(s) or service provider(s) your Complete Contact Info and those merchant(s) or service provider(s) will contact you using the information regarding the specific query that you have raised. Merchant(s) or service provider(s) that receive your Complete Contact Info may contact you regarding other products and/or services. If you choose to submit to us a questionnaire which includes Service User Information, we may provide the information submitted in that questionnaire along with additional information we obtain about you based on your Service User Information, such as your credit information, to any of our participating merchants or service provider(s) who may provide the products or services to which your request relates. Your submission of the questionnaire will be your consent to our disclosure to any such merchant(s) or service provider(s). Nextag does not have control over the use of the Service User Information once provided to merchant(s) or service provider(s): your rights in respect of their treatment of your information will be governed by their own policies.

Processing Agents: We may from time to time use external service providers to facilitate or outsource elements of our service or operation of the Websites, including processing credit card transactions, sending emails and providing marketing assistance. These external service providers may have access to personal information needed to perform their functions, but may not use it for other purposes.

Business Transfer: We may share your information with companies that are affiliated with us, that is, are our direct or indirect subsidiaries or parent or sister companies. As we continue to develop our business we might buy or sell companies, subsidiaries, or business units. In such transactions, customer information is generally one of the transferred assets but remains subject to the promises made in any pre-existing privacy policy. In the event that our company, or substantially all of its assets, is acquired, your information may be one of the transferred assets and we may share it with an actual or potential acquirer.

Legal Requests and Customers' Requests: We may release information from or about you to cooperate with law enforcement officials and third parties to enforce all applicable laws including but not limited to laws relating to intellectual property rights, fraud, and other rights. We also may release information from or about you without a subpoena, court order or other substantially similar legal procedure to law enforcement entities or third parties when we believe release is necessary: to comply with the law; to protect our rights, property, or the integrity of the Websites, or the rights or property of our merchants/service providers, customers, users or third parties; or to prevent or investigate illegal activities, suspected fraud, situations involving potential threat to the physical safety of any person, or violation of Nextag's Term of Use or other agreement between you and Nextag. Further we can (and you authorize us to) disclose information from or about you to consumers who have alleged fraud or any other consumer dispute relating to their transactions and/or communications with you. We may provide non-personally identifiable information to merchants to confirm or verify our services to them.

Other Trusted Parties: Subject to your consent (to be obtained in accordance with the Communications Policy set out below), we may provide your contact information and other personal data to trusted third parties to provide information on products and services that may be of interest to you.

Accessing and Changing your Personal Information

For registered users on some of the Websites, you can review personal identifiable information by logging in your username, email address and password and then clicking on the "My Account" link located at the top right of each page. After accessing the My Account page, click the appropriate link under the Account Management section to make changes as necessary.

In order to change any other information held by us, please contact us at the address below. Upon receipt of your request, and possibly subject to identification measures, we will provide you with reasonable access and comply with appropriate data correction requests in accordance with applicable law.

You should also note that if we have provided your information to third parties, you will have to make a separate request to them directly if you want to have your information removed from, or corrected in, their databases.

Third Party Advertising and Links to Third Party Websites

Some of the advertisements that appear on the Websites are delivered to you by third-party Internet advertising companies. These companies use certain technologies to deliver advertisements and marketing messages and may also use cookies, clear gifs or similar methods to collect information such as anonymous data about your visit to and use of the Websites and interactions with their advertisements. The use of cookies and clear gifs by these companies is subject to their own privacy policies, which you may review by visiting their websites.

Communications Policy

We understand you may not want to receive promotional email from us or from our partners and advertisers. For that reason, if you are about to submit information to us which will be used by us to contact you by email regarding our products or services, or which will be used by our partners or advertisers to contact you regarding their products or services, we will ask you to agree to being contacted by email by us or by the third parties to whom we pass the information. If you do not want to agree to this you do not have to submit the information, though that will limit the features which you can use on the Websites.

To opt out of receiving Nextag promotional mailings after you have registered, click here or click the appropriate unsubscribe link contained within the email that you receive. Please note that opting out may prevent you from receiving email from Nextag regarding updates and improvements to the Websites or offers and promotions that may interest you.

In some cases we request that you submit personal information in order to forward this information to our partners that have products or services in which you may be interested. In the event we share this information with our partners (e.g. car dealers), we no longer have control over the use of such information and your rights regarding such use will be governed by the policies of our partners. You will then have to contact them directly with any opt-out request.

Access to Personal Information

Under the Data Protection Act 1998, individuals have the right to ask to see information about themselves that is held on computer and in some paper records. Your right of access can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of information we hold about you.

Where we store your Personal Data

The data that we collect from you will be transferred to, and stored on our secure servers in the United States. The data protection laws in the United States are different and in some respects less stringent than those applicable in the European Economic Area ("EEA").

Your data may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will make reasonable endeavours to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Reporting Internet Crime

Nextag wants your Internet surfing experience to be safe. Help protect yourself. If you believe you have been a victim of Internet crime you should contact your bank or credit card company, the police or the Internet Watch Foundation for further assistance.

Contact Us

If you have any questions about this Website Privacy Policy, the practices of the Websites, or your use of the Websites, please contact us at: